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K.L.R. 1994 Criminal Cases 315

NAEEM AHMAD Etc. vs S.H.O, Etc

CitationK.L.R. 1994 Criminal Cases 315
CourtLahore High Court
Case No.Writ Petition No. 164 of. 1994
Date1994-04-09
Judge(s)Sh. Ijaz Nisar
ResultN/A

1. IJAZ NISAR, J.- The facts, in brief, are that Muhammad Iqbal Constable Police Station Jhang Bazar, Faisalabad, moved an application to the DIG, Faisalabad for registration of a case against the accused. On the same day, a direction was issued to the SSP by the DIG for holding an enquiry.

2. Ultimately, the enquiry was entrusted to the SDPO Chiniot. On 7.6.1993, after collecting the necessary evidence, the enquiry officer came to the conclusion that the allegations levelled by the complainant against the accused were false. On the same set of allegations, a case under section 380 PPC was registered with Police Station Langrana, District Jhang vide FIR Annexure 'A'. It is argued by the learned counsel that in view of the clear cut findings of the SDPO it was not possible for the subsequent police officer to register a case under section 380 PPC vide Annexure 'A' against the petitioner. At the very out-set, the learned Additional Advocate General states that he would have no objection if the impugned FIR vide Annexure 'A' is quashed because there was no justification to register a case on the allegations which were earlier found to be false by the SDPO.

3. This being so, the registration of the impugned FIR vide Annexure 'A' against the petitioner is hereby declared to be without lawful authority and of no legal consequence. The same is quashed. The petition succeeds and is allowed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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